Patent decision

BL number

O/450/01

Concerning rights in

GB2329854

Hearing Officer

Mr P Hayward

Decision date

5 October 2001

Person(s) or Company(s) involved

Camfil AB v Interfilta (UK) Ltd

Provisions discussed

PA77 section 72

Keywords

Disclosure, Evidence, Revocation

Related Decisions

None

Summary

During the evidence rounds of a revocation action, the applicant for revocation filed a supplementary statement of case with their evidence-in-reply, which brought in a completely new point. The patentee was then given the opportunity to file extra evidence dealing with this new point, which included a witness statement from a new witness. The applicant objected to this extra evidence on the grounds of lateness and requested disclosure in respect of an experiment described in the patentees original evidence. At a preliminary hearing, the parties accepted after various exchanges that most of the evidence in dispute was irrelevant and so the hearing officer made a formal order that the details of the experiment and the new witnesss statement be struck out of the evidence. The patentee was then at liberty to file a replacement statement directed solely at the matter raised in the applicant's supplementary statement of case.

Full decision O/450/01 12Kb